From: Subject: OCCUPATIONAL HEALTH AND SAFETY ACT 2004 Date: Tue, 10 Mar 2009 17:21:10 +1100 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0019_01C9A1A4.9B2F8120" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.3790.4325 This is a multi-part message in MIME format. ------=_NextPart_000_0019_01C9A1A4.9B2F8120 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.austlii.edu.au/au/legis/vic/consol_act/ohasa2004273/ OCCUPATIONAL HEALTH AND SAFETY ACT 2004

Victorian=20 Consolidated Legislation

[Index] = [Search] [Notes]=20 [Noteup]=20 [Download]=20 [Help]=20

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 

No. 107 of 2004
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Objects
   3.      Commencement
   4.      The principles of health and safety protection
   5.      Definitions
   6.      Act binds the Crown

   PART 2-THE AUTHORITY

           Division 1-General functions and powers

   7.      Functions of the Authority
   8.      Powers of the Authority

           Division 2-Power to obtain information

   9.      Power to obtain information
   10.     Restrictions on disclosure of information
   11.     Circumstances in which information may be disclosed

           Division 3-Power to make guidelines

   12.     Power to make guidelines
   13.     How guidelines are made
   14.     Withdrawal of guidelines
   15.     Guidelines do not affect rights and duties etc.

           Division 4-Power to accept undertakings relating to
           contraventions

   16.     Authority may accept undertakings
   17.     Enforcement of undertakings

           Division 5-Power to give advice on compliance

   18.     Power to give advice on compliance

           Division 6-Occupational Health and Safety Advisory =
Committee

   19.     Occupational Health and Safety Advisory Committee

   PART 3-GENERAL DUTIES RELATING TO HEALTH AND =
SAFETY

           Division 1-The concept of ensuring health and safety

   20.     The concept of ensuring health and safety

           Division 2-Main duties of employers

   21.     Duties of employers to employees
   22.     Duties of employers to monitor health and conditions =
etc.
   23.     Duties of employers to other persons

           Division 3-Duties of self-employed persons

   24.     Duties of self-employed persons to other persons

           Division 4-Duties of employees

   25.     Duties of employees

           Division 5-Duties of other persons

   26.     Duties of persons who manage or control workplaces
   27.     Duties of designers of plant
   28.     Duties of designers of buildings or structures
   29.     Duties of manufacturers of plant or substances
   30.     Duties of suppliers of plant or substances
   31.     Duties of persons installing, erecting or =
commissioning plant
   32.     Duty not to recklessly endanger persons at =
workplaces

           Division 6-Other matters

   33.     Single charge for multiple contraventions of certain =
duties
   34.     Civil liability not affected by this Part

   PART 4-DUTY OF EMPLOYERS TO CONSULT

   35.     Duty of employers to consult with employees
   36.     How employees are to be consulted

   PART 5-DUTIES RELATING TO INCIDENTS

   37.     Incidents to which this Part applies
   38.     Duty to notify of incidents
   39.     Duty to preserve incident sites

   PART 6-LICENCES, REGISTRATION, PERMITS AND
   OTHER REQUIREMENTS

   40.     Requirements for licence or registration
   41.     Requirements for prescribed qualifications or =
experience
   42.     Requirements for permit or certificate of competency

   PART 7-REPRESENTATION OF EMPLOYEES

           Division 1-Grouping of employees

   43.     Establishment of designated work groups
   44.     Negotiation of agreement concerning designated work =
groups
   45.     Determination by inspector of unresolved particulars
   46.     Matters to be taken into account

           Division 2-Grouping of employees of multiple employers

   47.     Establishment of designated work groups of multiple
           employers
   48.     Negotiation of agreement for designated work groups =
of
           multiple employers
   49.     Matters to be taken into account
   50.     Guidelines for negotiations involving multiple =
employers
   51.     Withdrawal from negotiations or agreement involving
           multiple employers
   52.     Effect of Division on other arrangements

           Division 3-Prohibition on coercion relating to designated =
work groups

   53.     Prohibition on coercion

           Division 4-Health and safety representatives

   54.     Election of health and safety representatives
   55.     Term of office
   56.     Disqualification of health and safety =
representatives
   57.     Deputy health and safety representatives

           Division 5-Powers of health and safety representatives

   58.     Powers of health and safety representatives
   59.     Powers generally limited to the particular =
designated work
           group
   60.     Provisional improvement notices
   61.     Provisional improvement notices may include =
directions
   62.     Offence to contravene a provisional improvement =
notice
   63.     Attendance of inspector at workplace after issue of =
provisional improvement notice
   64.     Service of provisional improvement notice or =
inspector's notice
   65.     Formal irregularities or defects in provisional =
improvement notices
   66.     Proceedings for offences not affected by notices

           Division 6-Obligations of employers to health and safety =
representatives

   67.     Obligation to train health and safety =
representatives
   68.     Obligation to share costs if multiple employers
   69.     Other obligations of employers to health and safety =
representatives
   70.     Obligation to persons assisting health and safety
           representatives
   71.     Obligation to keep list of health and safety =
representatives

           Division 7-Health and safety committees

   72.     Health and safety committees

           Division 8-Resolution of health and safety issues

   73.     Resolution of health and safety issues
   74.     Direction to cease work
   75.     Inspector may be required to attend workplace

           Division 9-Discrimination against employees or prospective =
employees

   76.     Prohibition on discrimination
   77.     Defendant bears onus of proof
   78.     Order for damages or reinstatement

   PART 8-AUTHORISED REPRESENTATIVES OF
   REGISTERED EMPLOYEE ORGANISATIONS

           Division 1-Definitions

   79.     Definitions relating to registered employee =
organisations

           Division 2-Entry permits

   80.     Limit on number of entry permits held by authorised =
representatives
   81.     Who may hold an entry permit
   82.     Courses of training for authorised representatives
   83.     Issue of entry permits
   84.     Expiry of entry permits
   85.     Revocation and disqualification
   86.     Return of expired or revoked entry permits

           Division 3-Entry by authorised representatives

   87.     Entry powers of authorised representatives
   88.     Announcement on entry
   89.     Powers on entry
   90.     Limitations on exercise of powers

           Division 4-Offences relating to authorised =
representatives

   91.     Offences by authorised representatives
   92.     Loss or damage caused by authorised representative
   93.     Offence to obstruct etc. authorised representative
   94.     Offence to impersonate authorised representative

   PART 9-INSPECTORS AND ENFORCEMENT

           Division 1-Appointment of inspectors

   95.     Appointment of inspectors
   96.     Identity cards

           Division 2-Performance of functions or exercise of =
powers

   97.     Inspectors subject to Authority's directions

           Division 3-Powers relating to entry

   98.     Power to enter
   99.     General powers on entry
   100.    Power to require production of documents etc.
   101.    Power to take samples

           Division 4-Procedure relating to entry

   102.    Announcement on entry
   103.    Report to be given about entry

           Division 5-Search warrants

   104.    Issue of search warrants
   105.    Announcement before entry on warrant
   106.    Copy of warrant to be given to occupier

           Division 6-Limitation on entry powers

   107.    Places used for residential purposes

           Division 7-Return and forfeiture of seized things

   108.    Return of seized things
   109.    Forfeiture of seized things

           Division 8-Powers to issue notices

   110.    Power to issue non-disturbance notice
   111.    Power to issue improvement notice
   112.    Power to issue prohibition notice
   113.    Directions or conditions in notices
   114.    Variation or cancellation of notices
   115.    Service of notices
   116.    Formal irregularities or defects in notices
   117.    Proceedings for offences not affected by notices
   118.    Injunctions for non-compliance with notices

           Division 9-Other powers

   119.    Power to require name and address
   120.    Power to give directions

           Division 10-Other matters

   121.    Persons who must assist inspector
   122.    Other assistance in exercising powers
   123.    Inspector may take affidavits
   124.    Inspector may copy documents

           Division 11-Offences

   125.    Offences in relation to inspections
   126.    Offence to impersonate inspector

   PART 10-REVIEW OF DECISIONS

   127.    Which decisions are reviewable
   128.    Internal review
   129.    Review by the Tribunal

   PART 11-LEGAL PROCEEDINGS

           Division 1-General matters

   130.    Proceedings may be brought by the Authority or =
inspectors
   131.    Procedure if prosecution is not brought
   132.    Limitation period for prosecutions
   133.    Judicial notice of Minister's signature etc.
   134.    Evidence of certain matters

           Division 2-Sentencing for offences

   135.    Adverse publicity orders
   136.    Orders to undertake improvement projects
   137.    Release on the giving of a health and safety =
undertaking
   138.    Variation or breach of orders under section 137.

           Division 3-Infringement notices

   139.    Infringement notices
           140-142. Repealed

           Division 4-Offences by bodies corporate

   143.    Imputing conduct to bodies corporate
   144.    Liability of officers of bodies corporate

           Division 5-Offences by partnerships and unincorporated =
bodies
           or associations

   145.    Liability of officers of partnerships and =
unincorporated bodies
           or associations

           Division 6-Proceedings against the Crown

   146.    Responsible agency for the Crown
   147.    Infringement and other notices may be issued to the =
Crown
   148.    Proceedings against successors to public bodies

   PART 12-COMPLIANCE CODES

   149.    Compliance codes
   150.    Effect of compliance codes
   151.    Disallowance of certain compliance code orders

   PART 13-OTHER MATTERS

   151A.   Contributions by non-WorkCover employers to the =
WorkCover Authority Fund
   151B.   Provision of return by non-WorkCover employers
   151C.   Authority may require non-WorkCover employer to
           provide further information
   151D.   Authority may require information from =
non-WorkCover employers
   151E.   Authority may require non-WorkCover employer to
           facilitate the provision of information
   151F.   Application of sections 151A to 151E.
   152.    Effect of compliance with regulations or compliance =
codes
   153.    Offence to give false or misleading information
   154.    Protection against self-incrimination
   155.    Legal professional privilege not affected
   156.    Delegation by the Minister
   157.    Responsibility for activities carried out under the =
Petroleum (Submerged Lands) Acts
   158.    Regulations

   PART 14-REPEAL OF OLD ACT AND TRANSITIONAL =
PROVISIONS

           Division 1-Repeal of Occupational Health and Safety Act =
1985.

   159.    Repeal

           Division 2-Transitional provisions

   160.    Definition of old Act
   161.    No effect on Interpretation of Legislation Act =
1984.
   162.    Limitation on duties of designers of buildings or =
structures
   163.    Continuation of designated work groups
   164.    Continuation of health and safety representatives
   165.    Continuation of health and safety committees
   166.    Continuation of inspectors
   167.    Inspectors' powers relating to offences committed =
before commencement
   168.    Use of codes of practice in proceedings
   169.    Treatment of improvement notices, prohibition =
notices and certain directions
   170.    Things done under the old Act
   171.    Proceedings for offences against old Act
   172.    Continuation of certain regulations
   173.    Occupational Health and Safety (Asbestos) =
Regulations 2003.
   174.    Occupational Health and Safety (Major Hazard =
Facilities) Regulations 2000.
   175.    Offences against certain regulations
   176.    Regulations dealing with transitional matters

   PART 15-Repealed

           177-186. Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details

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